Current through 2024-13, March 27, 2024
A.
Inspections. The Department generally conducts unannounced site
inspections. The Department may conduct more frequent inspections at its
discretion based on the Provider's compliance with this rule. Routine
inspections occur at the following times:
1.
Upon application and within the first few months of licensure,
2. Annually, after the date of initial
licensure,
3. When the Provider has
requested a change in License;
4.
To investigate a complaint of rule violation, or an allegation of suspected
Abuse or Neglect;
5. For
determining compliance with a Directed Plan of Action, or to determine whether
cited deficiencies have been corrected.
B.
Right of entry. The
Department may enter upon the Premises of an individual reported to be
operating without a License, pursuant to
22
M.R.S. §7702-B(7).
1. The Department and a duly designated
officer or employee of the Department have the right to enter upon and into the
Premises of an unlicensed person providing childcare in their home with an
administrative inspection warrant issued pursuant to the Maine Rules of Civil
Procedure, Rule 80 E, by the District Court at a reasonable time and, upon
demand, have the right to inspect and copy any books, accounts, papers, records
and other documents in order to determine the state of compliance with this
section. Pursuant to the Maine Rules of Civil Procedure, Rule 80E the
Department's right of entry and inspection may extend to any Premises and
documents of a person, firm, partnership, association, corporation or other
entity that the Department has reason to believe is operating without a
License.
2. An unlicensed owner or
person in charge of providing childcare in their home may not interfere with,
or prohibit, the interviewing of consumers of childcare services by the
Department.
C.
Elements of an inspection. In order to determine compliance with
this rule, the Provider must provide access to all records and any part of the
Premises occupied or used by Children.
1. The
Department may speak with Children, Parents, Providers, and Staff Members
during inspections.
2. The
Department may photograph any part of the Premises or make a photographic
record of documents. The Department will provide copies of photographs upon
request.
D.
Inspection report. The Department will document all violations of
this rule on an inspection report and will explain any violation noted at the
time of inspection. The Provider may correct violations at the time of
inspection. All violations corrected on-site shall be noted on the inspection
report. The Provider and the Department shall sign the inspection report at the
exit interview. The Department will supply the Provider with a copy of the
inspection report at the time of inspection.
1. The Provider and the Department shall
determine a Plan of Action to include timelines for correction for any
violations that cannot be corrected at the time of inspection. If the Plan of
Action cannot be determined at the time of inspection, the Plan of Action must
be established by the Provider and the Department within five business days of
the inspection.
2. Following the
inspection, the Provider must demonstrate compliance with this written Plan of
Action. Failure to comply with the Plan of Action will result in further
enforcement action by the Department as provided for in this Rule, including
but not limited to the Department issuing a Directed Plan of Action.
E.
Investigations.
The Department will respond to reports from any person alleging violation(s) of
licensing regulations or Child Abuse or Neglect.
1. The Provider and Staff Members must
cooperate in all aspects of the Investigation of allegations of Abuse or
Neglect, in accordance with 22 M.R.S. Ch. 1674. Cooperation includes but is not
limited to the following:
a. Providers may
not prevent Department staff from privately interviewing Staff Members,
interns, or Household Members;
b.
Allowing private interviews with Children, and notifying Parents, except where
such notification is not in the best interest of the Child in accordance with
22 M.R.S.
§354(2)(F)(2);
c. Providing contact information for families
of Children enrolled at the Department's request;
d. Providing access to all Child
records;
e. Providing access to all
records of current and former Staff Members, interns, or Household Members,
including access to timecards and other payroll materials upon
request;
f. Providing access to all
Incident and Accident report records; and
g. Allowing access to all parts of the
Premises, including spaces not used for childcare.
2. The provider must not retaliate against
any reporter or his/her representative for filing a complaint. Any rule
violations noted as a result of a complaint investigation will be provided to
the Provider in writing.
